영업비밀의 특정에 관한 실무상 문제 - 소송실무상 문제를 중심으로

The most frequently raised problem in Trade Secret trial is how to identify the trade secret in question. According to Korean Constitution, trials should be open to the public, however, trade secret is no longer trade secret if it is open to the public, which resulted from keeping the constitutional principle too strictly. Identifying trade secret can be various according to the kinds of trials, like civil trial or criminal trial. In criminal trial, the standard is whether the defendant's right to protect themselves, while in civil trial, the criteria is whether the object of judgment is clear or not. Amongst civil trials, injunction cases render more problems than damages cases, since in injunction cases judgment should identify what be prohibited clearly. Identification of trade secret should not require perfection. Like other comparative studies as the United States or Japan. Introducing a concept of 'reasonable particularity' should be considered. Reasonable particularity should be the standard. This is totally different from abandoning identification of trade secret. Japanese courts' precedents which do not require identification of trade secret only because the parties are familiar with the secret is not suitable criteria for interpreting Korean Law. Very newly introduced proving of trade secret service of KIPO can be a good option. Moreover, categorization of trade secret also can contribute much to solve this problem.